The powers of the police to act against drunk drivers are mired in a battle of technicalities before the Bombay High Court,which is hearing two groups of petitions debating whether or not the offence under Section 185 of the Motor Vehicle (MV) Act,1988 is a cognisable offence. Its decision could affect the procedure adopted by police in prosecuting those driving under the influence of alcohol. The state government had,in an affidavit filed in February 2010,maintained that the offence is non-cognisable. It,however,urged the court to issue strict guidelines to tackle drink driving that had injured and killed cops on duty. The affidavit filed by Nandkumar Chaugule,former deputy commissioner of police (Traffic control branch),has maintained that the police do not arrest those caught for drink driving but take them to stations,grant them bail against a security or cash and ask them to attend a magistrates court the next day. Two petitioners,who were caught drink driving in Kandivali and Andheri,have stated that bail cannot be granted by the police if there is no arrest. Their arguments proceeded on grounds that the offence is cognisable,however,as the police do not file an FIR in such cases the chargesheet submitted before the magistrate subsequently is invalidated. The police submit the breathalyser report to the magistrate in the form of a chargesheet, the court was told. However,under provisions of the CrPC,there cannot be a chargesheet unless there is an FIR filed in the case,the petitioners submitted. Arguing that the offence is cognisable,lawyer Satyavrat Joshi said the MV Act gave power to the police to arrest the accused without a warrant and release them on bail. Whether it is a chargesheet or a complaint will have to be decided, Justice A M Thipsay said on Thursday. The court will hear the case further on July 12.
